Plan Confirmation

Official Form 122C-2 could be read to deprive a chapter 13 debtor of the IRS standard housing deduction when the statute permits the deduction.

Chicago Bankruptcy Judge David Cleary followed a decision by then-district Judge David Hamilton and “respectfully” disagreed with decisions by two predecessors on the same bankruptcy bench.

Assessing In re Topp’s Impact on Interest Rates for Secured Creditors By Michael Miller The U.S. Court of Appeals for the Eighth Circuit decided Farm Credit Servs. of Am. FLCA v. Topp (In re Topp) on Aug. 3, 2023. 1 The central issue was this: Does the U.S. Supreme

In the Fourth Circuit, creditors are compensated when there is a ‘substantial improvement’ in a chapter 13 debtor’s financial condition.

The Ninth Circuit BAP says that a later valuation can make a debtor eligible for chapter 13 when the original schedules meant ineligibility.

The ‘broad’ definition of ‘claim’ by the Supreme Court in Johnson led Judge Huennekens to hold that in rem rights against a debtor’s property give rise to a ‘claim.’

Title lenders continue losing battles to take cars away from debtors, but the lenders have yet to plead and prove their best cases.

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack District Court Finds that Free-and-Clear Sale Orders Have No Impact on a Purchaser’s Successorship Obligations Under NLRA The U.S. District Court for the District of Delaware recently reversed the

Courts aren’t fully in agreement, but most hold that non-purchase money debt service on a car isn’t an ‘ownership cost’ deducted from current monthly income to arrive at disposable income in chapter 13.